Maryland Lien Waiver Rules
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No Specific Form
Maryland does not require a specific lien waiver form be used. Any form may be used.
Notarization Not Required
Maryland has no requirement that lien waivers be notarized in order to be effective.
Cannot Waive Rights in Contract
In Maryland, subcontractors may not waive lien rights in contract or otherwise prior to furnishing labor or material. However, the statute is silent for contracts between the owner and a direct contractor.
Cannot Waive Rights Before Payment
In Maryland, subcontractors may not waive lien rights prior to payment, as all unconditional waivers are disallowed for subs. However, the statute is silent with respect to direct contractors.
Maryland lien waivers are mostly unregulated, at least in terms of the form or specific language necessary to make the waiver effective. However, there are rules related to when a lien waiver can be given and be effective.
Maryland does not provide a template for lien waiver forms in its statutes, and doesn’t provide much other guidance on how a lien waiver should be drafted in order to be effective. Participants on a Maryland construction project, therefore, have quite a bit of freedom to choose the exact format and language of lien waivers.
There are, however, restrictions to when lien waivers can be requested and provided, for at least some project participants. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. In Maryland, these protections are limited to protect sub-tier parties. In Maryland, subcontractors may not waive lien rights in contract or otherwise prior to furnishing labor or material. However, the statute is silent for contracts between the owner and a direct contractor.
In Maryland construction participants should pay careful attention to lien waivers. They are exchanged all the time, but they can have serious consequences. The resources, forms, guides, and frequently asked questions about Maryland Lien Waivers on this page will help you get it right.
